MARIO COKA BORJA, ET AL., APPELLANTS,
v.
NATIONSBANK OF FLORIDA, N.A., ET AL., APPELLEES
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The appellate court held that the trial court abused its discretion in awarding costs because the order did not comply with the Uniform Guidelines for Taxation of Costs.
After judgment was entered for the defendants, the trial court ordered the plaintiffs to pay a substantial amount in costs. The plaintiffs appealed th…
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PER CURIAM.
The plaintiffs in the action below appeal from an order awarding costs. For the following reasons, we reverse and remand.
After judgment was entered in favor of the defendants in this action, the trial court ordered the plaintiffs to pay $186,196.45 in costs. The trial court abused its discretion in determining taxable costs, as the order does not comply with the Uniform Guidelines for Taxation of Costs in Civil Actions. See In Re: Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, Administrative Order, Florida Supreme Court, 7 Fla. L. Weekly 517 (Fla. Oct. 28, 1981), Printed In Florida Rules of Court at 1575 (West 1998).1
We therefore reverse and remand with directions to the trial court to award only those costs recoverable under the Uniform Guidelines. See Rodriguez v. Campbell, 720 So. 2d 266, 267 (Fla. 4th DCA 1998); Franzen v. Lacuna Golf Ltd. Partnership, 717 So. 2d 1090, 1093 (Fla. 4th DCA 1998); James P. Driscoll, Inc. v. Gould, 521 So. 2d 301, 302 (Fla. 3d DCA 1988).
Reversed and remanded with directions.
. This opinion should not be read to restrict the trial court's general discretion to depart from the Guidelines when the facts of the case support such a departure. "Clearly, the trial court may deviate from such guidelines depending on the facts of the case as justice may require." Madi son v. Midland Nat'l Life Ins. Co., 648 So. 2d 1226, 1228 (Fla. 4th DCA 1995); see also Great Horizons Dev., Inc. v. Minkin, 572 So. 2d 926 (Fla 3d DCA 1990). The facts of this case, as presented by the record on appeal, do not support such a departure.
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Ocean Club Cmty. Ass'n, Inc. v. Curtis, 935 So. 2d 513 (Fla. 3d DCA 2006)…d 1346, 1349 n. 2 (Fla. 4th DCA 1983) (quoting In re: Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, 7 Fla. L. Weekly 517 (Fla.1981)), and there were no facts to support such a departure, see Borja v. Nationsbank of Fla., N.A., 730 So. 2d 799 (Fla. 3d DCA 1999); State, Dep’t of Transp. v. Skidmore, 720 So. 2d 1125, 1130 (Fla. 4th DCA 1998) (holding that the trial court may “deviate from the Guidelines depending on the facts of the case as justice may require”), we agree. A trial court’s…
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Saby v. J.C. Penney Life Ins. Co., 769 So. 2d 1138 (Fla. 3d DCA 2000)…PER CURIAM. As the departure from the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions was within the trial court’s discretion, see Borja v. Nationsbank of Florida, N.A., 730 So. 2d 799, 799 n. 1 (Fla. 3d DCA 1999), the cost judgment is affirmed.…
Authorities Cited
- Rodriguez v. David Campbell, M.D., 720 So. 2d 266 (Fla. 4th DCA 1998)
- Dick Reeser and Margaret Reeser v. Boats Unlimited, Inc., 432 So. 2d 1346 (Fla. 4th DCA 1983)
- Tagge Franzen v. Lacuna Golf Ltd. P'ship, 717 So. 2d 1090 (Fla. 4th DCA 1998)
- James P. Driscoll, Inc. v. Gould, 521 So. 2d 301 (Fla. 3d DCA 1988)
- Madison v. Midland Nat'l Life Ins. Co., 648 So. 2d 1226 (Fla. 4th DCA 1995)
- Great Horizons Dev., Inc. v. Minkin, 572 So. 2d 926 (Fla. 3d DCA 1990)